Ark. company wants to put legal squeeze on Smucker

Published 7:00 pm, Sunday, May 25, 2008

An Arkansas company wants to put the squeeze on the J.M. Smucker Co. in federal court over squeezable food dispensers.

The suit by MACK-RAY Inc., filed in Marshall, Texas, alleges the Orrville, Ohio-based company known for its jams and jellies entered into a nondisclosure agreement over talking about a food spreader. The suit alleges the companies met in October 2003 for MACK-RAY to show its full range of prototypes and designs, but struck no business deal.

In the suit, MACK-RAY claims to have filed several patents over the technology and says it told Smucker officials it would apply to own the rights to the idea. However, the company alleges Smucker later used its designs to make and sell Smucker's "Squeeze" products, which entered the market in 2004.

MACK-RAY, through attorney Eric M. Albritton of Longview, Texas, has asked for a jury trial and for enhanced damages and legal fees.

Smucker's Web site shows the "Squeeze" bottles, which are plastic containers that sit on their lids. MACK-RAY's lawsuit includes about 40 pages of patent applications, which has a diagram of their squeezable bottle spreading a substance across what looks to be the outline of a piece of bread.

"Often, a butter knife, spatula or other similar device is used to spread the food onto the bread, crack or other item," MACK-RAY's patent application reads. "However, these utensils can become lost on or at outdoor celebrations and picnics."

Smucker has yet to file a response to MACK-RAY's lawsuit in federal court and no hearings have been scheduled in the case. Maribeth Badertscher, a spokeswoman for Smucker, said her company hasn't been served with the suit and does not discuss pending litigation.